Quick Links TOC

Empire State Building

  Construction Policies and Procedures

Empire State Building staff of project managers has the experience and knowledge to assist and advise you on any project or renovation, small or large. Please contact the Building Management Officee at ESBOPS@esrtreit.com to discuss your company’s needs. The Management Office can be contacted for a list of approved contractors and with any questions regarding procedures listed below.

General Conditions
Architectural Notes
Contractor Notes
Mechanical Notes
Electrical Notes
Life Safety Notes
Safety, Security, and Fire Emergency Information and Procedures

NOTE: NYC code LL58/88 requires that a permit be obtained for all construction work to be performed. In order to obtain a permit, an inspection of the affected work area must be made by a certified asbestos investigator and a form, ACP-5, must be submitted to the buildings department with a copy to the Building Office.


  • A letter of request, along with five (5) full sets of appropriate drawings, which may include architectural, mechanical, or structural plans stamped by a New York licensed architect or engineer must be submitted to the Building Manager prior to the commencement of any work. No work is to be performed without the written approval of the Managing Agent. In granting conditional approval of any alteration or installation, the Empire State Building will make no representation as to the design, quality, or safety of the work to be performed. In the event the operation of the Building or any equipment or any other tenants are in any way adversely affected by reason of such work, the Tenant will be required, solely at its own expense, to remove or correct the cause of such problem immediately.
  • Plans shall be filed and approved by all governmental agencies having jurisdiction prior to the commencement of any work and all work shall be done in accordance with such requirements and with the requirements of the Board of Fire Underwriters. All material and workmanship shall meet or exceed Building standards. (See attached memo titled Building Rules and Regulations for Alterations)
  • Immediately after completion of work, an original Certificate of Occupancy, when required, shall be delivered to the Building Manager. Within thirty (30) days of completion, one (1) set of “As Built” drawings, one (1) set of “As Built” mylars, and a CAD disk of the constructed space shall be delivered to the Building.
  • Tenant or Tenant’s General Contractor shall supply a list of all contractors and their subcontractors for Building approval and no work shall be performed until such list is approved. Prior to commencing work, all approved contractors and subcontractors shall provide insurance issued by acceptable companies, naming the approved contractors and subcontractors as insured parties with a combined single limit of $10,000,000 and workman’s compensation insurance as required by statue. Certificates evidencing such insurance shall be supplied to the Building Manager prior to the commencement of any work.

General Conditions

  • To the extent Tenant’s plans call for an enclosed sheet rock ceiling, the tenant shall confirm with the Building Manager to determine if any access panels shall be required.
  • Tenant is responsible for replacing the common area carpet and base molding if it is altered or damaged in any way during the renovation/ construction.
  • All locksets shall be compatible with the Building’s master key system.
  • Access and airflow to the perimeter HVAC units must remain unimpeded. All furniture, file cabinets, movable partitions, etc., must be placed a minimum of eight inches from the perimeter convector covers. Interconnected furniture systems at the discretion of the Building Manager may be required to be placed up to eighteen inches away from the perimeter convector covers.
  • No material or equipment shall exceed the floor loading capacity of the Building.
  • No Contractor shall perform work which will affect another tenant, nor work in any area outside the tenant’s space, without the Managing Agent’s approval.
  • Tenant and Tenant’s Contractor Liability and Hold Harmless- Tenant and Tenant’s Contractor shall indemnify and hold harmless the Owner of the premises, from and against all liability claims and demands on account of injury to persons including death or damage to property arising out of the performance of this contract by the Contractor, employees, and agents of the Contractor (except from and against such claims and demands which may arise out of the sole negligence of the Owner). The Contractor shall, at his or its expense, defend any and all actions at law and all other expenses and promptly discharge any judgments arising from them. These conditions shall also apply to any subcontracted operations.

Tenant and Tenant's Contractor agree that if any mechanic's lien is filed against the Building for work done, services claimed to have been rendered, or materials claimed to have been furnished in connection with or pursuant to the provisions of the Contract, the Contractor shall cause the mechanic’s lien to be discharged within ten (10) days after filing, at Contractor’s expense by filing the bond required by law.

  • Common Area Building Protection: The Tenant’s Contractor is responsible for the protection of any common area that will be affected during the construction build-out. All protection to be Building Standard. The following is what is expected to be provided by the Tenant’s Contractor.
    • Full time laborer to maintain all common areas during construction phase.
    • All carpeted areas must be protected with Masonite from wall to wall (the width of the corridor). This applies to all corridors that will be traveled in due to construction of tenant space and is not limited to path of travel to toilet rooms, stairwells, and designated freight elevator.
    • All Masonite will be mopped three times daily, 7:30 AM, noon, and at the close of the workday. Failure to keep protection clean will result in a stop work order until protection is properly maintained.
    • Corridor Walls - Walls will be protected with corrugated cardboard to 48” AFF. The cardboard must be attached to the walls so that it does not fall and will not damage existing finishes.
    • Deliveries - deliveries are required to go through the building’s loading dock and freight elevator. If any delivery requires access to a public space, the Contractor shall install Masonite in traveled areas until the delivery is completed. After the delivery is made, Masonite will be removed, and the lobby is to be cleaned. If a second delivery is required for the same day, this process must be repeated. At no time shall protection be allowed to remain in place for the full duration of any workday.
    • Existing Conditions of Base Building - It is the responsibility of the Tenant’s contractor to document any damage of existing conditions. If damages are not documented, it will be left to the discretion of the Building Manager to assess damages and back charge the Contractor for repairs as required due to damage during construction.

Architectural Notes

  • All engineering drawings must be done on a separate partition plan. Mechanicals, i.e., HVAC, Lighting, Reflected Ceiling, etc., are not to be co-mingled on the same print sheet.
  • All drawings shall conform to current ADA requirements and architect shall stamp each drawing to indicate compliance.
  • CAD disc from architect and engineer must be presented to owner prior to final payment approval.

Contractor Notes

  • It is mutually understood and agreed that the Contractor’s and Subcontractor’s status shall be that of independent Contractor and not an agent or employee of Empire State Building.
  • The tenant will provide copies of all General Contractor bids to the Managing Agent within 24 hours of the bid date.
  • The Tenant’s Contractor must utilize labor that will work in harmony with other labor in the Building. The Owner may require that dismissal of any Contractor’s employee who is objectionable.
  • If requested, the Tenant’s Contractor shall meet with the Building Manager prior to commencing construction and shall submit a construction schedule.
  • All Contractor/ service personnel will enter and exit the complex through the freight entrance doors, unless otherwise instructed by Building Management.
  • All Contractor/ service personnel will only use those restroom facilities designated by Building Management for use during construction.
  • Contractor shall have a foreman or authorized representative on the site whenever work is in progress, and such person shall communicate with Building Management daily. Upon completion of all rough construction and finished construction relating to all trades, an inspection must be scheduled with the Building Manager or representative. Occupancy will not be allowed until work is completed to the satisfaction of Building Management.
  • All contractors must comply with the proper union jurisdiction and must provide a current copy of their insurance certificate made out to ESRT Empire State Building, L.L.C. per the sample Certificate of Insurance document.
  • All Building standard lighting, doors and jambs, hardware, HVAC equipment, etc., not reused in the course of an alteration shall, at the option of the Managing Agent, be returned to the Building in good condition, except for reasonable wear. If not so requested by the Managing Agent, such materials shall be removed at Tenant’s expense. The tenant’s contractor will confirm with the Building Manager prior to disposal of any of these items.
  • Under no circumstances will a Contractor be allowed to penetrate the floor or ceiling slab by more than ¾ inch without specific prior written approval of each such penetration by the Managing Agent. This includes any power actuated loads longer than ¾ inch, drilling of any size hole or any other penetration, either up or down, in the concrete slabs. Requests for penetration will be reviewed and if necessary, areas in the floor will be inspected with magnetic locating equipment. Authorization to penetrate the floor shall be in writing only and from the Managing Agent. Once approval is given, supervision by a Building Agent is required.
  • All through floor penetration will be performed by chipping and/or drilling. The hole location may have to be moved pending existing conditions.
  • Contractor or tenants shall seek approval from the Building Manager in writing with at least 48 hours, notice of any materials, furnishing, or equipment to be removed from or brought onto the premises. Failure to receive this approval will result in denial of access to the Building.
  • Contractor/service personnel will only use the freight elevator for delivery and transportation of materials, equipment, personnel, etc. No deliveries shall be allowed through the lobbies during normal working hours.
  • Freight elevator walls, floor, ceiling, frames, etc., as well as the loading dock service corridor and walls and all runways will be adequately protected from damage with Masonite or similar materials. Contractor/service personnel will be held responsible for any and all damage/ repairs due to negligence or misuse.
  • All materials shall be delivered and/or removed through the loading area, and major deliveries involving heavy use of the elevator or freight entrance shall be scheduled in advance. Upon forty-eight (48) hours written notice, the Building shall provide an elevator operator for after-hour deliveries at Tenant’s expense. The 3,500-pound hoisting limit of the elevator shall not be exceeded.
  • No parking or material storage will be allowed in the loading area. Only one (1) construction dumpster will be allowed in the loading area. Contractor/ service personnel will provide and maintain its own trash bins/dumpster for construction related materials and will not utilize the Building trash compactor at any time.
  • The operation of the freight entrance and its facilities will not be impeded. Trucks, vans, etc. will be loaded/unloaded in an orderly manner and in a reasonable amount of time so as to prevent traffic problems.
  • Loading dock facilities will be cleaned by the contractor of trash and debris at the end of each and every workday.
  • The hours of all work must be approved by Building Management.
  • No work that produces noise at such a level that negatively affects the ability of neighboring tenants to operate will be tolerated. Drilling, hammering, demolition and other high noise producing work will be performed after or before normal building hours.
  • No electric room, telephone closet, mechanical equipment room, janitor closet, etc., will be used for storage/staging of material, equipment, etc.
  • Upon completion of work, the Contractor will leave all slop sinks and equipment storage areas in a neat and orderly condition, all unnecessary lights will be turned off, and all doors will be locked daily. Contractor/service personnel will also be responsible for cleaning all incidental trash and debris in the work areas and designated contractor restrooms DAILY!
  • All contractors must enter and exit through the service entrance, located at 25 West 33rd Street. Contractors will be issued a daily Contractor Pass from security staff at the service entrance to be worn visibly while working in the building.

Mechanical Notes

  • Upon completion of any HVAC work in the Building, a full balancing report must be submitted to the Building Manager.
  • “Hook-ups” to any water loops, drains, water or any other Building service will only be allowed after written permission from the Managing Agent.
  • All return air grills, ducts, plenums, etc., affected by construction will be covered with media type filter material by Contractor/service personnel and changed as necessary.

Electrical Notes

  • All electrical circuits must be properly labeled and all circuit breaker panel boxes phase balanced.
  • All fluorescent ceiling lighting shall be General Electric Lamp 835K. No substitutions unless approved in writing by the Building Manager.
  • All fluorescent ballasts shall be electronic, energy saving units, and shall be T-8 type. All new lighting products must comply with Northeast Utilities current eligible product list.
  • All exit signs shall be L.E.D. energy saving type and shall be wired into the Building emergency generator circuit.
  • “Hook-ups” to any Building service will only be allowed after written permission from the Managing Agent.

Life Safety Notes

  • When required, the Building’s smoke detection system may be shut down by the Building’s mechanical staff upon twenty-four (24) hours written notice to be off-line for construction purposes. A fire watch by the Building’s security personnel will be posted at the Tenant’s expense.
  • Contractor/service personnel will cover all smoke and heat detectors in the work areas prior to commencement of work and remove these covers after completion of work DAILY.
  • The installation or modification of all fire alarm detection and annunciation systems shall be performed by or have the installation verified in writing by the Building’s fire alarm company.

Safety, Security, and Fire Emergency Information and Procedures

  • It is our goal to make the Empire State Building a safe and secure building.
  • Safety and security require your cooperation. We ask that you work within your firm to create security awareness among the staff and your visitors and to communicate the concept that “an ounce of prevention” is in everyone’s best interest. To assist you in this endeavor, we ask that you review the section entitled “Your role in Security” in this handbook.
  • At all times and in all situations, Tenants should immediately advise the Empire State Building Management Office of any security incident or emergency situation within your offices or within the building.
View Full Site Suggestion Box
© 2024
All rights reserved.